High CourtsDivision Bench(1987) 09 RAJ CK 0024

Poonam Chand vs State of Rajasthan

Rajasthan High Court · Decided on 7 September 1987 · Citation: (1987) RLW 756 : (1988) 1 WLN 95

HON’BLE JUDGES
S.M. Jain, J · Milap Chand Jain, J
RESULT
Dismissed
CASE NUMBER
Civil Writ Petition No. 2128 of 1987

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Judgment

4 paragraphs · 185 words

M.C. Jain J.

1.

Heard learned Counsel for the petitioner.

2.

The petitioner admittedly did not join within the joining time and as such Rule 8 of the Rajasthan Civil Service (Joining Time) Rules, 1981 automatically came into operation, resulting into interruption of the petitioner''s service. Rule 5(5) of the said Rules empowers some authorities to grant extension in joining time. Upto 30 days, the time can be extended by the Heads of Department and beyond 30 days, the time can be extended by the Department of Government. The petitioner joined after 124 days. For extension beyond 30 days, the power vests in the Department of the Government. The petitioner ought to have approached through proper channel to the concerned department of the Government for extension of joining time. On perusal of Rule 8 of the Rules, we do not find any vice in it and, so, it is not ultra vires of the Constitution. The petitioner may approach the Government for extention of the joining time under Rule 5(5) of the said Rules.

3.

With the above observations, this writ petition is dismissed summarily.